LRB-3046/2
MGD:jld:pg
2003 - 2004 LEGISLATURE
January 7, 2004 - Introduced by Representatives Huebsch, Suder, Owens,
Gronemus, Schneider, Seratti, Jeskewitz, Shilling, F. Lasee, Van Roy,
Kreibich, Townsend, Rhoades, Montgomery, Berceau, Staskunas, Turner,
Weber, Olsen, Ladwig, Albers, Sinicki
and Krawczyk, cosponsored by
Senators Roessler, Schultz, Moore, Darling, Brown, A. Lasee and Lassa.
Referred to Committee on Criminal Justice.
AB738,1,3 1An Act to amend 940.32 (1) (a) 10., 940.32 (2) (a), 940.32 (2) (b), 940.32 (2) (c),
2940.32 (2e) (b) and 940.32 (2e) (c); and to create 940.32 (1) (a) 6m., 940.32 (1)
3(d) and 940.32 (3m) of the statutes; relating to: stalking.
Analysis by the Legislative Reference Bureau
2001 Wisconsin Act 109 (Act 109) made substantial changes to the law on
stalking. Under that law, as amended by Act 109, a person commits the offense of
stalking if:
1. He or she intentionally engages in a course of conduct directed at another
person (the victim) that would cause a reasonable person under the same
circumstances to fear bodily injury to or the death of himself or herself or a member
of his or her family or household.
2. The person intends that at least one of the acts that constitute the course of
conduct will place the victim in reasonable fear of bodily injury to or the death of
himself or herself or a member of his or her family or household (state of mind
element).
3. The person's acts induce fear of that type in the victim.
Current law lists a number of acts that may be part of a "course of conduct,"
including: 1) maintaining a visual or physical proximity to the victim; 2) approaching
or confronting the victim; 3) appearing at the victim's workplace or contacting the
victim's employer or coworkers; 4) appearing at the victim's home or contacting the
victim's neighbors; 5) entering property owned, leased, or occupied by the victim; 6)
contacting the victim by telephone or causing the victim's telephone or any other

person's telephone to ring repeatedly or continuously; 7) sending material by any
means to the victim or, under certain circumstances, to a member of the victim's
family or household or an employer, coworker, or friend of the victim; 8) delivering
an object to property owned, leased, or occupied by the victim; 9) delivering an object
to a member of the victim's family or household or an employer, coworker, or friend
of the victim with the intent that the object be delivered to the victim; or 10) causing
another person to engage in any of the acts described in items 7) to 9).
A person also commits the offense of stalking if all of the following apply:
1. The person was previously convicted of sexual assault or a domestic abuse
offense against the victim.
2. The person engages in any one of the acts listed in items 1) to 10) above (as
opposed to a course of conduct).
3. The person intends that the act will place the victim in reasonable fear of
bodily injury to or the death of himself or herself or a member of his or her family or
household.
4. The person's act induces fear of that type in the victim.
This bill makes several changes in the law on stalking. First, the bill modifies
the state of mind element for both types of stalking offenses. It replaces the
requirement that the state prove the offender's intent with a requirement that the
state prove that the offender knew or should have known (the level of intent required
in the stalking statute before Act 109) that at least part of the course of conduct (or
the single act, in the case of stalking by a repeat offender) would result in one of the
specified adverse consequences (such as fear of bodily injury) for the victim. Second,
the bill adds "causing a victim to suffer serious emotional distress" to the list of
specified adverse consequences upon which a stalking conviction can be based. Thus,
under the bill, causing, or engaging in conduct that the actor knew or should have
known would cause, the victim to suffer serious emotional distress is treated the
same as conduct that causes the victim to fear bodily harm.
Third, the bill specifies that photographing, videotaping, audiotaping, or,
through any other electronic means, monitoring or recording the activities of the
victim can be part of a course of conduct (or an act upon which a repeat offender
stalking conviction can be based). Fourth, the bill specifies that causing another
person to monitor or record the activities of the victim or to engage in any of the acts
described in items 1) to 9) above — not just those listed in items 7) to 9) — may be
part of a course of conduct (or an act upon which a repeat offender stalking conviction
can be based).
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB738, s. 1 1Section 1. 940.32 (1) (a) 6m. of the statutes is created to read:
AB738,3,3
1940.32 (1) (a) 6m. Photographing, videotaping, audiotaping, or, through any
2other electronic means, monitoring or recording the activities of the victim. This
3subdivision applies regardless of where the act occurs.
AB738, s. 2 4Section 2. 940.32 (1) (a) 10. of the statutes is amended to read:
AB738,3,65 940.32 (1) (a) 10. Causing a person to engage in any of the acts described in
6subds. 7. 1. to 9.
AB738, s. 3 7Section 3. 940.32 (1) (d) of the statutes is created to read:
AB738,3,98 940.32 (1) (d) "Suffer serious emotional distress" means to feel terrified,
9intimidated, threatened, harassed, tormented, or alarmed.
AB738, s. 4 10Section 4. 940.32 (2) (a) of the statutes is amended to read:
AB738,3,1411 940.32 (2) (a) The actor intentionally engages in a course of conduct directed
12at a specific person that would cause a reasonable person under the same
13circumstances to suffer serious emotional distress or to fear bodily injury to or the
14death of himself or herself or a member of his or her family or household.
AB738, s. 5 15Section 5. 940.32 (2) (b) of the statutes is amended to read:
AB738,3,2016 940.32 (2) (b) The actor intends knows or should know that at least one of the
17acts that constitute the course of conduct will cause the specific person to suffer
18serious emotional distress or
place the specific person in reasonable fear of bodily
19injury to or the death of himself or herself or a member of his or her family or
20household.
AB738, s. 6 21Section 6. 940.32 (2) (c) of the statutes is amended to read:
AB738,3,2422 940.32 (2) (c) The actor's acts cause the specific person to suffer serious
23emotional distress or
induce fear in the specific person of bodily injury to or the death
24of himself or herself or a member of his or her family or household.
AB738, s. 7 25Section 7. 940.32 (2e) (b) of the statutes is amended to read:
AB738,4,4
1940.32 (2e) (b) The actor intends knows or should know that the act will cause
2the specific person to suffer serious emotional distress or
place the specific person in
3reasonable fear of bodily injury to or the death of himself or herself or a member of
4his or her family or household.
AB738, s. 8 5Section 8. 940.32 (2e) (c) of the statutes is amended to read:
AB738,4,86 940.32 (2e) (c) The actor's act causes the specific person to suffer serious
7emotional distress or
induces fear in the specific person of bodily injury to or the
8death of himself or herself or a member of his or her family or household.
AB738, s. 9 9Section 9. 940.32 (3m) of the statutes is created to read:
AB738,4,1210 940.32 (3m) A prosecutor need not need show that a victim received or will
11receive treatment from a mental health professional in order to prove that the victim
12suffered serious emotional distress under sub. (2) (c) or (2e) (c).
AB738,4,1313 (End)
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